Court No. - 28 Case :- U/S 482/378/407 No. - 166 of 2010 Petitioner :- Shiv Prasad Tiwari Respondent :- State Of U.P. & Another Petitioner Counsel :- Anil Kumar Pandey Respondent Counsel :- Govt. Advocate Hon'ble Alok K. Singh,J.
Heard the learned counsel for the petitioners, learned A.G.A. who has
put in appearance on behalf of State, opposite party no.1.
Issue notice to opposite party no.2 returnable at an early date.
List immediately after service.
Steps may be taken within three days by registered post failing which an
interim order which is being passed hereinbelow shall come to an end
automatically.
Learned counsel points out and rightly so that from the perusal of the
order dated 13.11.2009 prima facie it appears that there was no
application of mind. The learned Magistrate has simply mentioned about
the names of the accused persons, the sections and passed the
summoning order. Therefore taking a cue from the proposition of law
laid down in the case of Krishna Bihari Shrivastava Versus State of
U.P. and others reported in [2006 (9) ADJ 320 (All) (LB)], it is
submitted that its operation be stayed.
Learned A.G.A. has nothing to say substantial against it.
In view of the above, as an interim measure it is provided that till the
pendency of this petition the operation and implementation of the orders
dated 13.11.2009 and the order dated 26.06.2009 shall remain stayed so
far it relates to the petitioners.
Order Date :- 19.1.2010
PAL/